_________________________________________________ DISMISSED WITHOUT PREJUDICE: January 19, 1995 ________________________________________________ GSBCA 13033-TD J.H.M. RESEARCH & DEVELOPMENT, Appellant, v. DEPARTMENT OF THE TREASURY, Respondent. Kenneth A. Martin, Craig A. Holman and Kurt M. Rylander of Riley & Artabane, Washington, DC, counsel for Appellant. David A. Ingold, Ingrid D. Falanga and Daniel J. Mazella, Financial Management Service, Department of the Treasury, Washington, DC, counsel for Respondent. HYATT, Board Judge. ORDER On October 13, 1994, the Board docketed this appeal of a contracting officer's decision, denying a claim under requirements contract number T-FMS-92-0006. This contract provided that respondent would obtain from appellant all microfiche originals and diazo duplicates for certain specified projects. On January 17, 1995, the Board received a letter from appellant stating that the appeal had been settled and requesting that the appeal be dismissed with prejudice, with the proviso that appellant have the right to reinstate the appeal in the event respondent fails to timely abide by the terms and conditions of the settlement agreement. Accordingly, this appeal is DISMISSED WITHOUT PREJUDICE. Appellant may have until April 19, 1995, to reinstate its appeal. If the appeal is not reinstated on or before April 19, 1995, this dismissal will automatically convert to a dismissal with prejudice. Rule 28(a). _______________________________ CATHERINE B. HYATT Board Judge